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HomeMy WebLinkAbout(1) 11/09/2021 REGULAR MEETING REGULAR MEETING — November 9, 2021 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Kinlaw gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, November 9, 2021 at 9:39 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Mayor Pro Tem Donald Frank, Sr.; Councilmembers Ingrid Holmes, Cal Jones, Thomas Kinlaw, III, Kenneth Marks and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. II. PROCLAMATIONS Proclamations — None III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Dimitri Roberts Of SevenStar, Inc. Pertaining To A Contactless Policing Application For Safer And Accountable Interactions Dimitri Roberts of SevenStar, Inc. gave the above-mentioned presentation. IV. PUBLIC HEARING(S) - 10:00 AM To Receive And Consider Public Comment For All Interested Citizens With Regard To A Zoning Change From Single family "SF" To Industrial "I" Legal Description: Approximately 39.589-Acres Of Land Consisting Of Lots 3, 4, 5 And 6, Block 3, Range "C", Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov The Mayor introduced the above-mentioned Public Hearing at 10:08 a.m. Planning and Develop Manager Larry Beto appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. The following persons appeared before the City Council to discuss the above-mentioned zoning change: Joanne Jones, E. 46th Street, Port Arthur, Texas Reginald Trainer, 3514 E. 12th Street, Port Arthur, Texas Upon the motion of Councilmember Jones, seconded by Councilmember Marks and carried unanimously, the City Council closed the Public Hearing at 10:17 a.m. III. PETITIONS & COMMUNICATIONS B. Presentations (2) A Presentation By Craig Taffaro From Adrurra Group LLC Regarding The Quarterly Report Craig Taffaro of Adrurra Group, LLC gave the above-mentioned presentation. (3) A Presentation By Kelvin L. Solco P.E. Founder Of The Solco Group, LLC Regarding Introduction To The Local Engineering Firm Kelvin Solco of Solco Group, LLC gave the above-mentioned presentation. (4) A Presentation By Staff Regarding The Relocation Of The Animal Shelter (Requested By Councilmember Kinlaw) Director Of Development Services/Assistant City Manager Pamela Langford gave the above-mentioned presentation. (5) A Presentation By Staff Regarding The Relocation Of The Health Department (Requested By Councilmember Kinlaw) Director Of Development Services/Assistant City Manager Pamela Langford gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion — None V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED Mayor Bartie extended well wishes to Councilmember Kinlaw for his birthday. VI. UNFINISHED BUSINESS VII. CONSENT AGENDA Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 22225 and 22227: Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. A. Travel Request/Expense Reports Request For Pre-Approval Of Travel Pursuant To 78-269 (b) (8) Of The Code Of Ordinances Of The City Of Port Arthur City Council Minutes Regular Meeting — November 9, 2021 2 (Al) Mayor Thurman Bartie: International Conference Of Shopping Centers Las Vegas, NV December 4 — 8, 2021 $2,421.04 B. Minutes October 22, 2021 Special Meeting October 26, 2021 Special Meeting October 26, 2021 Special Meeting (Executive Session) October 26, 2021 Regular Meeting C. Resolutions (1) P.R. No. 22149 — A Resolution Authorizing The Payment For The City Of Port Arthur's Cost Share For The P25 Upgrade Of The Southeast Texas Regional Radio System (SETRRS) To The City Of Beaumont In The Amount Of $86,468.38; Funding Is Available In Account Number 001-17-045-5491-00-30-000 Proposed Resolution No. 22149 was adopted becoming Resolution No. 21-458. (2) P.R. No. 22178 — A Resolution Authorizing The City Manager To Enter Into An Agreement With McInnis Construction, Inc. Of Silsbee, Texas For Phase III Repairs To The Department Club In The Amount Of $258,500.00. Funds Available In Account 307-21-049-8512-00-10-000, Project No. B00011 Proposed Resolution No. 22178 was adopted becoming Resolution No. 21-459. (3) P.R. No. 22197 — A Resolution Authorizing The Director Of Water Utilities To Purchase Various Degreasers And Biological Aids And Delineating Procedures For The Purchase Of Such Chemicals, With A Projected Budgetary Impact Of $72,000.00 From Water Utilities Wastewater Conveyance Account No. 410-40-220-5217-00-00-000, Treatment Chemicals And And Water Utilities Wastewater Treatment Account No. 410-40- 225-5217-00-00-000, Treatment Chemicals Proposed Resolution No. 22197 was adopted becoming Resolution No. 21-460. (4) P.R. No. 22200 — A Resolution Authorizing The City Manager To Purchase A Caterpillar D5 LGP VPAT Tractor Bulldozer From Mustang CAT Of Beaumont, Texas, Through BuyBoard Contract Number 597-19, In A Not To Exceed Amount Of $343,148.98. Funds Are Available In The Capital Reserve Equipment Replacement Public Works Solid Waste Equipment - Account Number 625-50-000-8522-00-00-000 Proposed Resolution No. 22200 was adopted becoming Resolution No. 21-461. (5) P.R. No. 22201 — A Resolution Authorizing The Acceptance Of A Sponsorship From The Convention And Visitors Bureau In The Amount Of $2,500.00 To Facilitate The City Of Port Arthur's Holiday Downtown Event City Council Minutes Regular Meeting — November 9, 2021 3 Proposed Resolution No. 22201 was adopted becoming Resolution No. 21-462. (6) P.R. No. 22218 — A Resolution Authorizing The Second Year (Final Renewal) Contract Between The City Of Port Arthur And Southeast Texas Lawn & Maintenance Of Beaumont, Texas For Grass Cutting Services For Neighborhood Stabilization Program (NSP) And City Owned Properties With An Annual Projected Budgeted Amount Not To Exceed $30,975.00 Proposed Resolution No. 22218 was adopted becoming Resolution No. 21-463. (7) P.R. No. 22219 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Paramount Design & Development Of Beaumont, Texas, For The Reconstruction Of Four (4) Homes, Increasing The Original Contract Amount By $5,089.00 To A New Contract Total Of $663,814.80, And Requesting City Council Authorization For The Expenditure Of Contingency Funds In The Amount Of $15,000.00. Funds Will Be Provided From Account No. 105-13-033-5470-00-40-000, Project Numbers CD5115, CD6145, CD7145, And The Texas Department Of Housing And Community Affairs Home Disaster Program Proposed Resolution No. 22219 was adopted becoming Resolution No. 21-264. (8) P.R. No. 22220 — A Resolution Confirming The Uniform Tax Abatement Policy For A Two (2) Year Term Pursuant To Chapter 312 Of The Texas Property Code Proposed Resolution No. 22220 was adopted becoming Resolution No. 21-465. (9) P.R. No. 22222 — A Resolution Authorizing Payment Of An Invoice From South East Texas Regional Planning Commission For Membership Dues In The Amount Of $29,284.40 For The Fiscal Year Ending September 30, 2022. City Manager Contingency Account #001-01-005- 5470-00-10-000, Project # MA0008 Proposed Resolution No. 22222 was adopted becoming Resolution No. 21-466. (10) P.R. No. 22223 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For The Period Of November 2021 Thru August 2022 For Groundwater, Gas, And Air Quality Monitoring Services In A Total Not-To-Exceed Amount Of $83,000.00. Funding Is Available In The Public Works Landfill Division — Regulatory Fees/Fines Account Number 403-50-320-5470-00-00-000 Proposed Resolution No. 22223 was adopted becoming Resolution No. 21-467. (13) P.R. No. 22228 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Fire Hydrants For The Water Utilities Department With Core & Main, LP Of Beaumont, Texas With A Projected Budgetary Impact Of $75,000.00. Funds Are Available In Account No. 410-40- 215-5315-00-00-000, Water System Maintenance City Council Minutes Regular Meeting — November 9, 2021 4 Proposed Resolution No. 22228 was adopted becoming Resolution No. 21-468. (14) P.R. No. 22230 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $465,634.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor #1636 Proposed Resolution No. 22230 was adopted becoming Resolution No. 21-469. (15) P.R. No. 22231 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $9,056.07 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To City Hall AC Unit Proposed Resolution No. 22231 was adopted becoming Resolution No. 21-470. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (11) P.R. No. 22225 — A Resolution Authorizing The Purchase Of Twenty-Five (25) Portable Radios And Fifteen (15) Mobile Radios And Their P-25 Compliant Component Accessories For The Fire Department From Motorola Solutions Of Houston, Texas, Through HGAC Contract RA05-21, In The Amount Of $207,185.91; Funding Is Available In Account No. 001-19-047-8522-00-30-000 Equipment The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Moses that Proposed Resolution No. 22225 be adopted. Fire Chief Gregory Bensen appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22225 was adopted becoming Resolution No. 21-471. The caption of Resolution No. 21-471 reads as follows: RESOLUTION NO. 21-471 A RESOLUTION AUTHORIZING THE PURCHASE OF TWENTY-FIVE (25) PORTABLE RADIOS AND FIFTEEN (15) MOBILE RADIOS AND THEIR P- 25 COMPLIANT COMPONENT ACCESSORIES FOR THE FIRE DEPARTMENT FROM MOTOROLA SOLUTIONS OF HOUSTON, TEXAS, THROUGH HGAC CONTRACT RA05-21, IN THE AMOUNT OF $207,185.91; FUNDING IS AVAILABLE IN City Council Minutes Regular Meeting — November 9, 2021 5 ACCOUNT NO. 001-19-047-8522-00-30-000 EQUIPMENT (12) P.R. No. 22227 — A Resolution To Reprogram $39,678.97 From The Expired Community Development Block Grant (CDBG) Contracts With Gift Of Life, Port Cities Rescue Mission, First Baptist Outreach Center, And Liberty Height To The 2021 CDBG Keep The City Clean Program The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Holmes filed an Affidavit of Conflich with the City Secretary and did not take part in discussion or action pertaining to the above-mentioned item. Upon the motion of Councilmember Moses, seconded by Mayor Pro Tern Frank and carried, Proposed Resolution No. 22227 was adopted becoming Resolution No. 21-472. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-472 reads as follows: RESOLUTION NO. 21-472 A RESOLUTION TO REPROGRAM $39,678.97 FROM THE EXPIRED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS WITH GIFT OF LIFE, PORT CITIES RESCUE MISSION, FIRST BAPTIST OUTREACH CENTER, AND LIBERTY HEIGHT TO THE 2021 CDBG KEEP THE CITY CLEAN PROGRAM A. Resolutions (1) P.R. No. 21933 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (Requested By Councilmember Jones) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Holmes that Proposed Resolution No. 21933 be adopted. The following nominations were made for appointment: Councilmember Jones: Lawrence Baker Councilmember Kinlaw: Allen Watson Mayor Pro Tern Frank: Cliford Batiste Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 21933 was adopted, with the above-mentioned names added, becoming Resolution No. 21-473. City Council Minutes Regular Meeting — November 9, 2021 6 The caption of Resolution No. 21-473 reads as follows: RESOLUTION NO. 21-473 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS (REQUESTED BY COUNCILMEMBER JONES) (2) P.R. No. 22086 — A Resolution Requesting The Ratification Of The Emergency Repairs To The 46th Street Lift Station For The Water Utilities Department By ALLCO, LLC Of Beaumont, Texas With A Budgetary Impact Of $784,981.46; Funds Are Available In Water Utilities Capital Improvement Fund Account No. 405-40-000-8516-00-00- 000, Water Utility Systems, Project STRING WS0010-CON The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Kinlaw that Proposed Resolution No. 22086 be adopted. City Consulting Engineer Hani Tohme appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22086 was adopted becoming Resolution No. 21-474. The caption of Resolution No. 21-474 reads as follows: RESOLUTION NO. 21-474 A RESOLUTION REQUESTING THE RATIFICATION OF THE EMERGENCY REPAIRS TO THE 46TH STREET LIFT STATION FOR THE WATER UTILITIES DEPARTMENT BY ALLCO, LLC OF BEAUMONT, TEXAS WITH A BUDGETARY IMPACT OF $784,981.46; FUNDS ARE AVAILABLE IN WATER UTILITIES CAPITAL IMPROVEMENT FUND ACCOUNT NO. 405-40- 000-8516-00-00-000, WATER UTILITY SYSTEMS, PROJECT STRING WS0010-CON (3) P.R. No. 22226 — A Resolution Authorizing The Approval Of A Financing Proposal For $1,585,280.00 From PNC Equipment Finance, LLC To Lease/Purchase Fire Equipment The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Holmes, seconded by Councilmember Jones and carried, Proposed Resolution No. 22226 was adopted becoming Resolution No. 21-475. City Council Minutes Regular Meeting — November 9, 2021 7 Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-475 reads as follows: RESOLUTION NO. 21-475 A RESOLUTION AUTHORIZING THE APPROVAL OF A FINANCING PROPOSAL FOR $1,585,280.00 FROM PNC EQUIPMENT FINANCE, LLC TO LEASE/PURCHASE FIRE EQUIPMENT (4) P.R. No. 22206 — A Resolution Authorizing The City Manager To Purchase One Pierce Fire Apparatus For The Fire Department Via The BuyBoard Cooperative Purchasing Program Contract 651-21 From Siddons-Martin Emergency Group Of Denton, Texas, With Offices In Port Arthur, Texas In The Amount Of $1,585,280.00; Funding Available In Capital Improvement Account Number 307-19-047-8522- 00-10-000, Project CE0003-OTH The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Marks and carried, Proposed Resolution No. 22206 was adopted becoming Resolution No. 21-476. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-476 reads as follows: RESOLUTION NO. 21-476 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE PIERCE FIRE APPARATUS FOR THE FIRE DEPARTMENT VIA THE BUYBOARD COOPERATIVE PURCHASING PROGRAM CONTRACT 651-21 FROM SIDDONS- MARTIN EMERGENCY GROUP OF DENTON, TEXAS, WITH OFFICES IN PORT ARTHUR, TEXAS IN THE AMOUNT OF $1,585,280.00; FUNDING AVAILABLE IN CAPITAL IMPROVEMENT ACCOUNT NUMBER 307-19- 047-8522-00-10-000, PROJECT CE0003-OTH (5) P.R. No. 22216 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Mayor Bartie) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Frank and seconded by Councilmember Moses that Proposed Resolution No. 22216 be adopted. City Council Minutes Regular Meeting — November 9, 2021 8 Mayor Bartle nominated Alfred Comeaux for appointment. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22216 was adopted, with the above-mentioned name added, becoming Resolution No. 21-477. The caption of Resolution No. 21-477 reads as follows: RESOLUTION NO. 21-477 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE PORT ARTHUR POLICE CHIEF ADVISORY COMMITTEE (REQUESTED BY MAYOR BARTIE) (6) P.R. No. 22224 — A Resolution Authorizing The November 23, 2021 Regularly Scheduled Council Meeting Date To Be Rescheduled The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 22224 was adopted becoming Resolution No. 21-478. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-478 reads as follows: RESOLUTION NO. 21-478 A RESOLUTION AUTHORIZING THE NOVEMBER 23, 2021 REGULARLY SCHEDULED COUNCIL MEETING DATE TO BE RESCHEDULED (7) P.R. No. 22246 — A Resolution Appointing And/Or Reappointing Members(s) To The Historical Landmark Commission The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Moses that Proposed Resolution No. 22246 be adopted. The following nominations were made for appointment: Councilmember Moses: Deborah Freeman Mayor Bartle: Dohn Labiche Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. City Council Minutes Regular Meeting — November 9, 2021 9 Voting No: None. Proposed Resolution No. 22246 was adopted, with the above-mentioned names add, becoming Resolution No. 21-479. The caption of Resolution No. 21-479 reads as follows: RESOLUTION NO. 21-479 A RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBERS(S) TO THE HISTORICAL LANDMARK COMMISSION (8) P.R. No. 22248 — A Resolution Appointing A Member And An Alternate To The Industrial District Contract Compliance Committee The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Mayor Pro Tem Frank that Proposed Resolution No. 22248 be adopted. The following nominations were made: Mayor Thurman Bill Bartie — Member Councilmember Kenneth Marks — Alternate Member Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22248 was adopted, with the above-mentioned names added, becoming Resolution No. 21-480. The caption of Resolution No. 21-480 reads as follows: RESOLUTION NO. 21-480 A RESOLUTION APPOINTING A MEMBER AND AN ALTERNATE TO THE INDUSTRIAL DISTRICT CONTRACT COMPLIANCE COMMITTEE (9) P.R. No. 22251 — A Resolution Casting Votes For The Board Of Directors Of The Orange County Appraisal District For The Term Ending December 31, 2023 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Mayor Pro Tern Frank that Proposed Resolution No. 22251 be adopted. The City of Port Arthur votes are to be divided between the following: Tim Andrews Suzone Crockett Karen Fisher Laura Floyd Dale Parrish City Council Minutes Regular Meeting — November 9, 2021 10 Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22251 was adopted becoming Resolution No. 21-481. The caption of Resolution No. 21-481 reads as follows: RESOLUTION NO. 21-481 A RESOLUTION CASTING VOTES FOR THE BOARD OF DIRECTORS OF THE ORANGE COUNTY APPRAISAL DISTRICT FOR THE TERM ENDING DECEMBER 31, 2023 A. Ordinances (1) P.O. No. 7012 — An Ordinance Reconsidering P.O. 7001 Amending Chapter 86 (Solid Waste), Article IV (Fees, Charges And Billing Procedures), Section 86-112 (Residential Garbage) And Section 86-114 (Commercial Refuse) Of The Code Of Ordinances, City Of Port Arthur, Texas, By Increasing The Service Rate Of The First Toter By $2.50 To $20.50 As It Pertains To Rates For Residential, Changing The Rate Of The Additional Commercial Containers By Removing The Discounted Price For The Second, Third, And Fourth Containers, And Providing For Publication And Proposed 10% Commercial Refuse Service Fee Increase. (Requested By Mayor Bartie; Mayor Pro Tern Frank; And Councilmember Moses) The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Moses that Proposed Ordinance No. 7012 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 7012: Mayor Pro Tern Frank "Yes" Councilmember Holmes "No" Councilmember Jones "Yes" Councilmember Kinlaw "No" Councilmember Marks "No" Councilmember Moses "Yes" Mayor Bartie "Yes" Proposed Ordinance No. 7012 was adopted becoming Ordinance No. 21-79. The caption of Ordinance No. 21-79 reads as follows: ORDINANCE NO. 21-79 AN ORDINANCE RECONSIDERING P.O. 7001 AMENDING CHAPTER 86 (SOLID WASTE), ARTICLE IV (FEES, CHARGES AND BILLING PROCEDURES), SECTION 86-112 (RESIDENTIAL GARBAGE) AND SECTION 86- City Council Minutes Regular Meeting — November 9, 2021 11 114 (COMMERCIAL REFUSE) OF THE CODE OF ORDINANCES, CITY OF PORT ARTHUR, TEXAS, BY INCREASING THE SERVICE RATE OF THE FIRST TOTER BY $2.50 TO $20.50 AS IT PERTAINS TO RATES FOR RESIDENTIAL, CHANGING THE RATE OF THE ADDITIONAL COMMERCIAL CONTAINERS BY REMOVING THE DISCOUNTED PRICE FOR THE SECOND, THIRD, AND FOURTH CONTAINERS, AND PROVIDING FOR PUBLICATION AND PROPOSED 10% COMMERCIAL REFUSE SERVICE FEE INCREASE. (REQUESTED BY MAYOR BARTIE; MAYOR PRO TERN FRANK; AND COUNCILMEMBER MOSES) IX. *CLOSED MEETING (EXECUTIVE MEETING) Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation And Other Legal Matters Involving The City Of Port Arthur (2) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Concerning A Potential And/Or Pending Litigation Claim Between The City Of Port Arthur And Jefferson County Regarding The Housing Of Prisoners (3) Section 551.071 Government Code — Attorney Client Privilege To Discuss A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Open Meetings Act (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits Of Port Arthur (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney, City Manager, City Secretary and Municipal Court Judge (6) Section 551.087 Government Code — To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect In The City's ETJ/Industrial District The City Council recessed their meeting at 12:25 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 3:04 p.m. with the following members present: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. MOTION IN OPEN SESSION: The City Secretary read the following motion into the record: A Motion To Authorize The Sale Of City Owned Vacant Tracts Of Alnd Located At 743 Booker T. Washington Avenue And 2316 Shirley Street By A Licensed Real Estate Broker As Set Forth In City Council Minutes Regular Meeting — November 9, 2021 12 Section 253.014 Of The Texas Local Government Code. The City Manager Is Further Authorized To Execute Such Contract With The License Broker. The Final Approval Of Sale Will Be Approved By City Council Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Moses and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The City Attorney read the following motion into the record: A Motion To Authorize The City Manager And City Attorney To Enter Into And Execute A Settlement Agreement In Cause No. B176606 William Worsham Vs The City Of Port Arthur To Execute The Full And Final Settlement Agreement Including The Case Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Jones, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting at 3:07 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD November 9, 2021. APPROVED: City Council Minutes Regular Meeting — November 9, 2021 13